Posts by Eugene Volokh and Mairead Dolan:

Courts have recognized that speech utilizing the names of organizations, celebrities, and trademarked products, to comment on them is constitutionally protected, even when there is a risk of brief confusion about the source of the speech. This brief asserts that the district court, in Radiance Foundation, Inc. v. Nat’l Ass’n for the Advancement of Colored People 25 F.Supp. 3d 865 (E.D. Va. 2014), erred in accepting the NAACP’s trademark infringement and trademark dilution theories. Amici thus asks the Court to reverse and to hold that Radiance should have been granted a declaratory judgment that its posts were not infringing.